A defendant shall be punished by imprisonment for not less than one year and six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

The Defendant appealed against the lower judgment on the grounds of mistake of facts, misunderstanding of legal principles, and unreasonable sentencing, and the prosecutor prior to remanded the case, while maintaining the facts charged against the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (accidents, Violence, etc.) and applying for the amendment of indictment to change “Article 257(1) of the Criminal Act” to the preliminary applicable provisions, and the trial prior to remand

Article 5-10 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Special Crimes Aggravated Punishment Act”) shall be reversed ex officio on the ground that the judgment of the court below was added to the ancillary charges, and on the ground that “Article 5-10 (2) of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment Aggravated Punishment Act”) only applies to cases where the intermediate mediating cause causing specific risks, such as the occurrence of traffic accidents, etc., may occur, and as a result, the occurrence of injury or death, and it shall not apply to cases where the result of direct injury to a driver without the occurrence of traffic accidents,” the judgment of the court

The prosecutor and the defendant appealed all of the judgment of the court prior to remand.

The crime of Article 5-10 of the Specific Crimes Aggravated Punishment Act is a so-called abstract dangerous crime subject to aggravated punishment on the ground that the crime committed against the driver of a motor vehicle in operation of both paragraphs (1) and (2) may cause danger to public safety, such as traffic order and citizen safety. Among them, paragraph (2) of this Article commits the crime of paragraph (1).